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Terms and Conditions


Introduction

This website and the associated application, Livindigo, (collectively referred to as “Site” ) are owned and operated by Livindigo Pty Limited ABN 46 607 668 986 (Livindigo).


The purpose of the Site is to provide a simple, convenient and cost effective service to Livindigo’s customers by linking them to salons in their area that offer a variety of hair and beauty products and services.


Your access to, use of, making an Order to purchase a Voucher (terms defined below), linking to the Site, use of software on or downloading software from the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (Terms).


By continuing to access the Site, becoming a Livindigo member (Member), making an Order and/or purchasing a Voucher on the Site you agree to be bound by the Terms.


The Terms do not affect your statutory rights as a consumer.


In these Terms, the expression “salon” means the salon or other supplier to which you have been introduced or referred by Livindigo using the Site.


Free To Use

The Site is free for Members to use.


Purchasing a Voucher through the Site does not cost Members more than if the goods and/or services, the subject of the Voucher, were purchased directly via the salon.


Livindigo’s charges are based on those established by the salons.


Age Requirements and Membership

Members must be 16 years or over.


As a Member you can view Orders you have made and your previously used salons. You can also rate past goods and/or services the subject of a past Order and may be eligible for Member discounts offered through the Site.


You are not allowed to register multiple memberships for use by the same person and your membership may be terminated by Livindigo if you have or attempt to do so.


[Instructions Required– Does Livindigo propose to provide Members with multiple passwords for various parts of the Site] Your Site password[s] should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your Site password[s] then you should contact Livindigo immediately.


How we Use your Personal Information

Livindigo only uses your personal information in accordance with Privacy Policy. Please take the time to read the Privacy Policy as it includes important terms which apply to you.


How Contracts are formed between You and Livindigo

The pages which comprise the Site will guide you through the steps you need to take to make an Order to purchase a Voucher. Livindigo’s order process allows you to check and amend any errors before purchasing a Voucher.


Please take the time to read and check the Order at each page of the purchase process.


[Instructions Required] After you place an order to purchase a Voucher, you will receive an email from Livindigo acknowledging that we have received the order to purchase a Voucher (Order). However, please note that this does not mean that the Order has been accepted. Our acceptance of the Order will take place as described below.


Livindigo will confirm our acceptance of the Order by sending you an email attaching an Order confirmation (Order Confirmation) and the Livindigo voucher purchased through the Order (Voucher). The Voucher is a paper certificate or electronic certificate that evidences your purchase through the Site of a good and/or service from a salon. The Voucher contains the terms of, and unique redemption information for, the Order. Any contract between you, Livindigo and/or the salon will only be formed when we send you the Order Confirmation with the Voucher.

Livindigo reserves the right to refuse the Order if we are unable to process your payment or we reasonably believe that payment will be refused.


If a salon is unable to supply you with a good or service the subject of an Order, for example because a salon no longer stocks the good or offers the service, we will inform you of this by email and we will not process the Order. If you have already received an Order Confirmation and paid for the Order, Livindigo will refund you the full amount paid and the Voucher will be cancelled.


Sometimes due to circumstances Livindigo and/or a salon needs to cancel or re-schedule the supply of a service the subject of an Order Confirmation. If Livindigo and/or a salon re-schedules the supply of a service Livindigo will advise you of the new date of supply. If you are not able to attend the salon on the new date, or the supply of the service is otherwise cancelled by Livindigo or the salon, Livindigo will refund you the full amount paid and the Voucher will be cancelled


Placing Orders to Purchase a Voucher

The Site endeavours to deal with reputable third parties who provide quality goods and services, however Livindigo accepts no responsibility or liability for the quality or quantity of any goods or services supplied by the salons.


The salon has sole responsibility for satisfying the Voucher the subject of an Order Confirmation. All questions regarding goods or services shown on the Site should be directed to the relevant salon. Any disputes between you and the salon are to be resolved between you and the salon.


Payment

[Instructions Required] You can only purchase a Voucher by using a valid credit card or debit card bearing the Mastercard, Visa or American Express symbol (Payment Card).


Your credit card or debit card and payment details will be held by the [payment gateway operator] used by the Site and not by Livindigo. For more information about protection or your personal information, please see our Privacy Policy.


All prices quoted on the Site are in Australia Dollars and unless expressly stated otherwise are inclusive of GST.


All prices quoted on the Site are subject to change without notice and all goods and/or services displayed for supply on the Site are subject to availability.


Cancellation

You have the right to cancel an Order up to the point the Order is submitted by Livindigo to the salon.


Livindigo and the salon reserve the right to cancel any Order/Voucher, before or after an Order Confirmation is issued, and Livindigo will endeavour to notify you immediately of any such cancellation.

Intellectual Property

All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site is owned, controlled or licensed by or to Livindigo, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.


You may only use information on the Site for personal, non-commercial informational purposes. No content on the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Livindigo’s prior written consent.


Salon Reviews and Ratings

The Site is an open forum for Livindigo’s Members to comment on the experience they have had with a Voucher purchased through the Site.  Salons in turn can reply to these reviews.


Only one review per Voucher is permitted.


The ratings contained on the Site (Rating(s)) are for informational purposes only and do not constitute advice. You should not rely on Ratings to make (or refrain from making) or take (or refrain from taking) any action.


Ratings are the opinions of Members of the Site and any statements, advice or opinions made by such Members are those of such Members only and not Livingdigo’s.


[ strong Instructions Required] Subject to Australian Consumer Law, Livindigo reserves the right to include or exclude any Rating and take necessary steps to protect salons, Members and other users of the Site from any offensive, abusive, hateful, discriminatory or malicious content, including termination of Member accounts. Refer to Unauthorised Use section below for more detail.


To ensure the integrity of the Site, Livindigo will not remove or edit reviews where Livindigo believes that doing so would be in breach of Australian Consumer Law.


Review of Transmissions

You agree that if you submit Ratings, suggestions, comments, questions or post any other content on the Site, you grant Livindigo the non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology.


Livindigo takes no responsibility and assumes no liability for any content posted or submitted by you or by other users of the Site. You warrant to Livindigo that any such material posted or submitted by you complies with all laws and does not breach the intellectual property rights of any person and agree to indemnify Livindigo against claims of any kind arising from a breach by you of that promise, including legal fees on an indemnity basis.


Disclaimer of Warranty

Livindigo provides the Site and its contents on an “as is” basis and use of the Site is at your own risk. All content is believed, in good faith, to be accurate, complete, current and reliable at the date the information was placed on the Site. Livindigo, nor any of its respective directors, officers, employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Site (including in relation to any goods or services).


To the extent permitted by law, including non-excludable statutory obligations, Livindigo, nor any of its respective directors, officers, employees or agents, will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the Site.


To the extent permitted by law, Livindigo expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.


Limited Liability

To the extent permitted by law, under no circumstances will Livindigo or its directors, officers, agents, employees or contractors have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use the Site.


For goods and/or services involving salons, the Member may be bound by additional terms and conditions imposed by the salon. These additional terms will appear on the [Instructions Required] Site and Order Confirmation. Livindigo is not responsible for any claims or complaints about salons or the goods and/or services provided by salons, nor disputes between you and a salon about the salon’s terms and conditions. All Vouchers purchased via the Site are in response to an offer(s) prepared by the salon for supply by the salon.


Livindigo reserves the right to process a refund to the Payment Card used to purchase the Voucher. Livindigo does not accept any responsibility for any delays in inter-bank processing of such refunds.


Release abnd Indemnity

You agree to indemnify and hold Livindigo and its officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees, made by any third party due to or arising out of your breach of these Terms.


Services Purchase and Usage Terms

To purchase Services using the Site you will need to login to an account. Simply go to: Livindigo.com.au


Livindigo's terms and conditions relating Services include but are not limited to the following:

  1. A user must not purchase more than 5 Services per day;
  2. A User must not purchase Services worth more than $2000 per day;
  3. Order(s) can only be redeemed with the Service Provider(s) the subject of an ORder Confirmation;
  4. Order(s) must be redeemed before the expiry date(s) specified on the Order Confirmation; and
  5. A gift voucher purchased from the Site (Gift Voucher) can only be:
    1. used to purchase Services via the Site; and
    2. redeemed before the expiry date specified on the Gift Voucher.


Certain Orders may have additional terms, conditions and restrictions that apply as set out on the Order Confirmation.


Minimum Amounts

If a salon has a minimum Voucher amount in place, then that minimum Voucher amount must be met after applying any discounts or specials that reduce the total Voucher amount.


Limitations of Use

The Site is intended for use by persons located in Australia only and Livindigo makes no representation that any information, materials or functions included in the Site are appropriate for use in any other jurisdiction.


By using the Site, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify Livindigo immediately of any changes to your personal information by updating your Member profile on the Site or contacting Livindigo.


In creating a Member account or otherwise using the Site, you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.


Third Party Sites


The Site may contain links to other websites. Those websites are not under the control of Livindigo nor is Livindigo responsible for the practices, content or availability of such websites. A link does not imply Livindigo’s endorsement of, sponsorship of, or affiliation with the linked website. Livindigo provides the links as a convenience only. If you decide to access linked third party websites, you do so at your own risk, and Livindigo will not be held responsible or liable for any loss or damages caused by use of or reliance on any contents, goods or services available on such websites.


You may not provide a link to the Site from any other website unless expressly agreed to by Livindigo in writing.


Unauthorised Use

You may not use the Site for any unlawful or unauthorised purpose, including without limitation distributing any unlawful, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.


Interfering with any other persons use or enjoyment of the Site, damaging, disabling or impairing the operation of the Site or attempting to gain unauthorised access to the Site or to networks connected to it, through hacking, spoofing or other such similar means is strictly forbidden.


Breach and Termination

Livindigo reserves the right to terminate your Membership of the Site, decline any new Member registration, terminate your right to link to the Site, and/or prevent any further use of the Site if you violate any of these Terms. If Livindigo considers there to be a risk of liability or loss to salons or Livindigo, we may take any action deemed necessary to prevent such a liability or loss from occurring.


Any person who holds a suspended or terminated Membership must not purchase or attempt to purchase a Voucher from or re-join the Site without Livindigo’s prior written consent, which may be withheld in Livindigo’s absolute discretion.


Livindigo reserves the right and the ability to trace your IP address, and if necessary, contact your internet service provider in the event of a suspected breach of these Terms.


Cookie Policy

In addition to personal information you may provide to Livindigo directly, Livindigo may also collect information from you when you access the Site via the cookies on the Site.


A ‘cookie’ is a small text file which is placed on your internet browser and which Livindigo accesses each time you visit the Site. The cookie allows Livindigo to obtain information about how the Site is being used. Cookies may be used by Livindigo for various reasons, including remarketing across the internet through Google Adwords, maintaining website security, monitoring website traffic, measuring website performance and improving the navigational experience of the Site. Livindigo do not use cookies to identify you or any other user.


Availability

The Site may be unavailable at certain times to allow for maintenance and upgrades. Although Livindigo endeavours to notify Members and other users of the Site in advance of any service unavailability, this cannot be guaranteed and Livindigo reserves the right to alter or withdraw the service at any time.

Governing Law

The laws of the State of New South Wales and the Commonwealth of Australia govern the Site and its use. The Site may be accessed throughout Australia and overseas but Livindigo makes no representations or warranties that the content of the Site complies with the laws (including intellectual property laws) of any jurisdiction outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.


Our right to Vary these Terms

Livindigo reserves the right to amend these Terms from time to time.  Please look at the top of this page to see when these Terms were last updated.


Every time you order goods or services via the Site, the Terms in force at the time of your Order will apply to the Order.


Livindigo may revise these Terms to reflect the changes in relevant laws and regulatory requirements. If Livindigo has to revise these Terms as they apply to your Order, Livindigo will contact you to give you reasonable advance notice of the changes and let you know how to cancel your Order if you are not happy with the changes.